Citation

Khumalo K. S. Afr. J. Crim. Justice 2016; 29(1): 44-53.

Copyright

(Copyright © 2016, Juta)

DOI

unavailable

PMID

unavailable

Abstract

Protest action over various issues and concerns occurs frequently in South Africa. The prevalence of service delivery protests as well as the recent series of protest action organised under the #RhodesMustFall, #FeesMustFall and #OutsourcingMustFall campaigns are evidence of this fact. Some protests are generally well-organised and powerful yet very peaceful, having observed all the procedural requirements of the Regulation of Gatherings Act 205 of 1993 (RGA). However, other protests, especially service delivery protests, have largely been violent. As a result, it is not surprising that the Constitutional Court in SATAWU v Garvas 2013 (1) SA 83 (CC) upheld the constitutionality of a statutory provision (section 11 of the RGA) allowing for the imposition of civil sanctions on the organisers of mass protests in the event that the protest in question becomes violent. In addition to the latter relief, the perpetrators of violence during protests may also be arrested and charged with, among other crimes, the crime of public violence.

Language: en